How Much Does The Press Care About Race and Policing?

racial-profiling

On October 7, the Joint Committee on the Judiciary of the Massachusetts legislature held a marathon hearing on “Protected Classes. Privacy, and Data Collection Legislation”.

To be fair, Boston.com and the Boston Herald both reproduced an AP wire report from Steven LeBlanc that there was a hearing. But the AP mentioned only the part of the agenda dealing with a bill to ban transgender discrimination in places of public accommodation.

I’m not going to argue that transgender rights aren’t important. They matter a lot. But it’s astounding that, in a year when race and policing have been, you know, kind of in the news, only the Bay State Banner gave decent coverage to the fact that the vast majority of the bills considered at the hearing were about police, profiling, warrants and race. In the Boston Globe’s “Politics” section, they had room for two fawning profiles of elected Democrats (Attorney-General Maura Healey has “indefatigable drive and charisma“, and House Speaker Bob DeLeo has a “slimmed-down and healthier” look), but race and policing didn’t get a look in this time.

So this is what happened regarding racial profiling.

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No Secret Laws: Ninth Circuit Weakens Secrecy Surrounding “National Security Letters”

Parts of the opinion were particularly pithy.
Parts of the opinion were particularly pithy.

When the USA FREEDOM Act passed on June 2, we criticized it as weak-tea reform that codified rather than changing surveillance agency practices. It’s still weak-tea reform that codified agency practices, but it has also now led to a new and valuable ruling on the infamous practice of “national security letters” (NSLs).

NSLs are issued by the FBI, mostly to companies, and ask them for information on their users. They originated in the late 1970s, but at that time the FBI couldn’t require compliance; enforcement mechanisms were added only in the late 1990s, after the Aldrich Ames spy scandal. The PATRIOT Act of 2001 loosened the rules, allowing, among other changes, NSLs to be issued without the specific approval of the FBI Director or Assistant Director. NSL use exploded from 8,500 in 2000 to 56,504 in 2004 and still runs at a rate of above 21,000 per year. NSL recipients are barred from discussing whether they have received them or what the NSL asks for. Companies aren’t even allowed under law to state that they have not received any NSLs. The argument the government has repeatedly made is that allowing companies to say this, would encourage terrorists to use those companies and not others; but this attitude also leaves the average privacy-conscious consumer in the same soup as the “terrorist.”

Until now, with a new ruling from the Ninth Circuit.

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Wikileaks Hacking Team Emails Implicate NJ Fusion Center

lidless-eye

This week, Wikileaks released a searchable database of over a million internal emails from an Italian outfit called HackingTeam, which sells surveillance and hacking tools to dubious dictatorships around the world. Their software offerings include simple keyloggers all the way up to dragnet internet surveillance software.

I was willing to lay money that our friendly neighborhood fusion centers, the state-and-DHS-funded arms of the surveillance state, would be mixed up with HackingTeam somewhere. Looks like I win that bet.

Email #2640 shows the setup of a presentation from HackingTeam to the New Jersey fusion center’s most senior people, which apparently went ahead on November 1, 2013. The meeting was a success; by January, email #255362 shows that the fusion center was “interested in deploying” HackingTeam’s product. The subject line “DaVinci” shows what software is involved; “DaVinci” is the brand name for HackingTeam’s “remote control system” that promises to “break encryption and allow law enforcement agencies to monitor encrypted files and emails, Skype and other Voice over IP or chat communication […] It allows identification of the target’s location and relationships. It can also remotely activate microphones and cameras on a computer and works worldwide.” DaVinci has infamously been used by Middle Eastern governments to spy on Arab Spring activists.

It appears that the senior NJROIC figures were “excited about its capabilities.” I’ll bet they were.

The emails don’t go on to show whether NJROIC actually implemented DaVinci. Whether or not they did, it’s reasonable to deduce that NJROIC has a strong interest in being able to subvert NJ residents’ communications privacy. Reached for comment, an NJROIC spokesman was at pains to state that everything they do is under the guidance of the Attorney-General, conforms to applicable laws, and involves obtaining court orders and warrants as appropriate, but would not be drawn on the hypothetical question of whether encryption-subversion software would be treated as requiring a warrant.

Subverting encryption is, to an extent, a natural part of the arms race between users on one side, and the government and criminal hackers on the other. But if it’s done without the procedural safeguards embodied in the Fourth Amendment – safeguards that third-party firms like HackingTeam appear willing gleefully to ignore in pursuit of juicy contracts – it opens all of our communications to the government’s unsleeping eye, whether we try to encrypt them or not. The government should steer well away from this kind of “offensive cybersecurity”, and focus on keeping its elderly, hole-filled networks secure instead of exploring new ways to weaken yours and mine.

Sharing Is Not Caring: Amtrak, DHS and Travelers’ Rights

Sample form for internal passport for prisoners of war, Geneva Conventions, 1956
Sample form for internal passport for prisoners of war, Geneva Conventions, 1956

Traveling in today’s America is becoming more and more constrained. Every year, there are more checks, more searches, and more guards. If you go by car, ALPR systems will track you. If you go by plane, you and your belongings can be legally searched, groped, mocked, impounded or vandalized. If you stay in a motel, your information may be shared up front with law enforcement. And now, even the trains are getting on the act.

The aptly-named PapersPlease.org filed a Freedom of Information Act request last October asking how Amtrak handled sharing of information with the Department of Homeland Security. While Amtrak is regularly subsidized, it is legally a private company, and as such should not share information on passengers unless the police provide them with a valid, individualized probable-cause warrant. You know, that old Fourth Amendment thing?

Ahem.

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If You Don’t Call Your Congressmember After Reading This, You’ll Regret It

captain-america-shield-surveillance

We’re asking everybody to call their Congressmember (Massachusetts numbers below the fold) to support HR1466, the Surveillance State Repeal Act, a bipartisan bill we helped introduce that would truly end mass surveillance. This is why it matters.

On June 1, the part of the PATRIOT Act that has been used to legitimate the mass collection of all of our phone call information, and much else besides, will lapse, It’s a terrible provision known as “Section 215.” Section 215 allows the FBI – and, it appears, other intelligence agencies too – to collect “any tangible things” that are “relevant” to a terrorism investigation. As it turns out, the intelligence community has argued explicitly that every single call in the United States is “relevant”. So, it appears, if we don’t let the NSA know exactly when I called the Danish Pastry House in Watertown about my one-year-old daughter’s first birthday cake, then ISIS will destroy us all.

There has been no legislation proposed yet from either chamber of Congress to renew Section 215. The intelligence community is panicking, and is apparently literally waving pictures of the burning Twin Towers at our elected officials, and telling them that if Section 215 lapses and there’s another attack, it’ll be the lawmakers’ fault and ISIS will destroy us all.

There may be a bill launched next week that would renew it, called the USA FREEDOM Act. Many civil liberties groups plan to support it, because it would also include reforms to Section 215, and may also reform (not repeal) the government’s other mass surveillance programs. We haven’t seen that bill yet, but it would have to be very strong to make it a better deal than simply letting the government’s Section 215 authority die.

There’s actually no evidence that Section 215’s mass surveillance programs have ever stopped a terrorist attack, and the government’s own reports have repeatedly shown that it has never stopped one. Follow me below the fold for the explanation why, and for the numbers to call!

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NSA Whistleblower Russ Tice Explains NSA Targeting of US Politicians

captain-america-freedom-fear

Mass surveillance is damaging enough; but the capabilities we have handed to the surveillance agencies create a different kind of opportunity for the empire-building surveillance bureaucrat.

The constant claim is that Americans are not “wittingly” “targeted” under the dragnet; it’s just that their communications are vacuumed up “incidentally” because they are one, two, or three “hops” from a given “target”, a category that includes a shifting set of millions of people at a time. But even that face-saving statement is a lie. American citizens are “targets” themselves, and there’s an obvious category of people it would make strategic sense for the surveillance agencies to target: Namely, the set of people with authority over the budgets and remits of the surveillance agencies themselves.

NSA whistleblower Russell Tice is much less well known than Edward Snowden, but his testimony is just as explosive. Here’s an interview he gave in 2013, with a partial transcript:

Okay. They [the NSA] went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and judicial. But they went after other ones, too. They went after heaps of lawyers and law firms. They went after judges. One of the judges [Samuel Alito] is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the White House–their own people. They went after antiwar groups. They went after U.S. companies that that do business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs like the Red Cross that that go overseas and do humanitarian work. They went after a few antiwar civil rights groups. So, you know, don’t tell me that there’s no abuse, because I’ve had this stuff in my hand and looked at it.

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